Surya Prakash Gangwar and Ors v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

C528/1596/2026

Surya Prakash Gangwar And Ors --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

Mr. Raj Kumar Singh, learned counsel for the applicant.

¶2Mr. Sandeep Sharma, learned AGA for the State.

¶3Ms. Radha Arya, learned counsel for respondent no.2.

¶4The instant petition is preferred under Section 528 of BNSS 2023 by the applicants Surya Prakash Gangwar, Nitin Gangwar, Ankur Gangwar, Himanshu Gangwar, Satish Chandra Gangwar, Om Prakash, Heera Kali and Anjali Gangwar for quashing of the proceeding of Criminal Case No.303 of 2026 arising out of FIR No. 182 of 2025, State vs. Surya Prakash Gangwar and others wherein all the applicants have been summoned to face the trial for the offences punishable under Section 191(2), 115(2), 351 (2) and 352 of BNS 2023, police Station Pulbatta District Udham Singh Nagar. This proceeding is pending in the Court of learned Judicial Magistrate Civil Judge Udham Singh Nagar wherein after taking cognizance all the applicants were summoned on

23.05.2026.

¶5The petition is filed along with the compounding application, i.e., IA No. 1

of 2026 supported with the affidavit of all the applicants and the respondent no.2/complainant. All the applicants as well as the respondent no.2/ complainant who is also injured are present in Court, and are identified by their respective counsels.

¶6Learned counsel for the parties submits that the complainant and applicants are all the family members and are in fact are relatives, residing in the same locality and due to some misunderstanding the FIR has been lodged but due to some intervention of some elderly people now they have settled their disputes amicably and their relations are very cordial.

¶7It is further argued that except the offence punishable under Section 191(2) the rest of the offences are compoundable and so far as the offence punishable under Section 191(2) is concerned since all are family members belong to a same locality and settled their disputes amicably therefore, with the leave of the court, this offence can also be compoundable.

¶8On the other side, Mr. Sharma, learned AGA who appears for respondent no.1 submits that since now the parties have settled their disputes, which was on minor issues, therefore, continuation of proceeding appears to be a futile exercise and even otherwise, since now they have settled their disputes and their relations are very cordial, therefore, the compounding application can be allowed.

¶9After hearing the submissions of the learned counsel for the parties and taking into consideration, the nature of allegations and the fact that parties have settled their disputes amicably, this Court is of the view that continuation of the proceeding is completely a futile exercise.

In such view of the matter, this Court is of the view that the present petition as well as the compounding application deserve to be allowed.

¶10Accordingly, the present petition as well as the compounding application are allowed. Entire proceedings of Criminal Case No. 303 of 2026 arising out of FIR No. 182 of 2025 pending in the court of learned Judicial Magistrate Civil Judge (J.D.) Kiccha District Udham Singh Nagar is hereby quashed.

(Rakesh Thapliyal, J.)

24-07-2026 Nahid